Excerpt: ...Wuttke filed a demurrer to the first amended complaint and plaintiff filed a second amended complaint. Defendant Wuttke filed this motion on February 14, 2020. Defendant Wuttke's request for judicial notice for Exhibits 1, 2, and 3, pursuant to Evidence Code sections 452 and 453 is GRANTED. Plaintiff's request for judicial notice for Documents 1, 2.a, 2.b, 3, 3.a and 3.b pursuant to Evidence Code sections 452 and 453 is GRANTED. (Plaintiff object...

Excerpt: ...propounded discovery on defendant George Grafer to include Form Interrogatories, Set One, with responses due by June 12, 2019. Plaintiff granted numerous extensions until September 4, 2019. On September 4, 2019, plaintiff received a courtesy copy of defendant's responses that were not substantive. On October 24, 2019, plaintiff timely filed the Motion to Compel. Plaintiff failed to comply with Local Rule 3.3.7 enacted January 1, 2018, by failing ...

Excerpt: ...ten (10) days to amend. A written contract may be pleaded either by its terms – set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated by reference – or by its legal effect, i.e., by alleging the substance of its relevant terms. Construction Protective Servs., Inc. v TIG Specialty Ins. Co. (2002) 29 CA4th 972, 993. Plaintiff has not sufficiently pled all terms of the contract and has not attache...

Excerpt: ...days leave to amend. The First Amended Complaint was filed on October 29, 2019, and defendants timely demurred. Defendants' request for judicial notice of the Notice of Rescission of Notice of Default and Election to Sell Under Deed of Trust dated June 7, 2019 and recorded July 11, 2019, is denied as inappropriate in the context of the demurrer, without prejudice to be renewed in a different procedural context. As to defendants' special demurrer:...

Excerpt: ... 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally‐deficient motion. Based solely upon plaintiff's failure to comply with Local Rule 3.3.7, plaintiff's motion would be DENIED without prejudice. However, in the interests of justice and judicial ec...

Excerpt: ...inent part, that “[a]ny judge, at any time before or after commencement of the trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading . . .” The Court finds plaintiff timely filed this motion as no trial date has been set. However, the Court agrees with defendant and finds plaintiff did not comply with California Rules of Court 3.1324(b) which states that a separate declaration must...

Excerpt: ...� complaint against plaintiff involving the same oral contract. A Case Management Conference has been set for October 19, 2019, as no trial has been schedule. Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedu...

Excerpt: ... Division ‐ Sacramento Office; Brunn & Flynn; Matheny Sears Linkert & Jaime; Jaime, Matthew C Tentative Ruling: Plaintiffs filed the complaint on August 29, 2018. Plaintiffs filed the First Amended Complaint on February 19, 2019. Defendant timely demurred as to the second cause of action. On May 10, 2019, the Court SUSTAINED the demurrer to the second cause of action with twenty (20) days leave to amend. On May 31, 2019, plaintiffs filed the �...

Excerpt: ...delson, Christopher James Tentative Ruling: Moving defendants allege that an inspection agreement entered into on 12/28/17 included a binding arbitration agreement. Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such p...

Excerpt: ...ently differentiated among the named defendants as to which specific acts are alleged as to which specific defendant, including detailing the alleged relationship between Cenlar, National and FBM. Furthermore, plaintiff re‐alleges and incorporates by reference therein each and every allegation contained in foregoing and successive paragraphs providing sufficient detailing for each defendant to respond to the allegations. Defendants' demurrer to...

Excerpt: ...ction, the Court agrees with defendants that plaintiffs have overstated the role a single point of contact serves under Civil Code section 2923.7 as the complaint confirms such a contact was in communication with plaintiffs. Defendants' demurrer to the first cause of action is Sustained, With twenty (20) days leave to amend. Defendants' demurrer to the second cause of action is Sustained, with twenty (20) days to leave to amend. Plaintiffs failed...

Excerpt: ...ay 31, 2019 seeking a protective order as to said demand. Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally‐deficient motion. Based on defendants' failure, the Motion for Protective Order is DENIED wit...

Excerpt: ...dants' counsel sent a meet and confer letter that proposed to limit the requests. On April 25, 2019, plaintiffs' counsel responded advising the requests will not be limited. On April 30, 2019, defendants served a formal response to the demand for inspection objecting on various grounds to each demand and no documents were made available for inspection. (On May 31, 2019 defendants filed a related motion for a protective order; however, due to proc...

Excerpt: ...ses was denied without prejudice for failure to comply with Local Rule 3.37; however, at the hearing confirming this denial on 2/15/19, claimant and his attorney were advised if proper responses were not provided, the Court expected a renewed motion which would be granted. No response forthcoming, a renewed motion to compel was filed and granted on 5/10/19. Claimant subsequently provided some documents but did not provide complete responses. CCP ...

Excerpt: ...ion, the Court agrees with defendants that plaintiffs have overstated the role a single point of contact serves under Civil Code section 2923.7 as the complaint confirms such a contact was in communication with plaintiffs. Defendants' demurrer to the first cause of action is sustained, with twenty (20) days leave to amend. Defendants' demurrer to the second cause of action is sustained, with twenty (20) days to leave to amend. Plaintiffs failed t...

Excerpt: ...continued until 5/31/19 because Vincent Vu, attorney for the plaintiff requested a continuance as “significant progress has been made in his case.” Court directed Mr. Santens, the new owner, to continue to work with the City of Angels. To date, no update as to the status of the request for inspection and abatement warrant has been provided to the Court. If the property continues to allegedly contain unsanitary conditions, petitioner's motion ...

Excerpt: ...intiff Smith as a passenger, and the ATV flipped and plaintiff was injured. In analyzing the request for punitive damages, the Court relies on Peterson v Superior Court ((1982) 31 Cal.3d. 147), where the California Supreme Court stated “the law in California had evolved in the area of punitive damages to the point where a finding of defendant's conscious disregard of the safety or rights of others would support an award of punitive damages.” ...

Excerpt: ...tow Sheppart Wayte & Carruth Llp Tentative Ruling: The Court has read and considered defendants' “Motion for Summary Judgement [sic]/Summary Adjudication” filed April 2, 2019. Code of Civil Procedure section 473c(b)(1) requires that: The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed b...

Excerpt: ...nd cause of action. (The Court finds the answer filed on December 18, 2018 was inappropriately designated as Caltrans' answer and was superseded by the amended answer filed by George Reed, Inc. on 2/19/19.) Even under California's liberal pleading practice, plaintiff has failed to separate the allegations within the second cause of action. The allegations as to each defendant within the cause of action must be pled with sufficient particularity t...

Excerpt: ...e Ruling: The Court has read and considered plaintiffs [sic] Bodenmullers' “Request for Attorney and All Legal Fees Refunded and Monetary Compensation for Punitive Damages” filed March 26, 2019. As defendants have provided no statutory or case authority for this motion, defendants' motion is DENIED. Defendants failed to comply with Local Rule 3.3.7 enacted January 1, 2018 by failing to include the necessary language in the notice of motion re...

Excerpt: ...otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following: (1) Twenty‐five percent of the individual's disposable earnings for that week. (2) Fifty percent of the amount by which the individual's disposable earnings for that week exceed 40 times the state minimum hourly wa...

Excerpt: ...ts to specify which acts by which defendants are the basis for any given cause of action. While plaintiff has alleged each cause of action “against ALL DEFENDANTS” this is insufficient to allow each defendant to address each specific act plaintiff contends form the basis of the allegation as to each defendant as required when causes are asserted as to multiple defendants. Additionally, the Court agrees with defendants that plaintiff has faile...

Excerpt: ...and sixth causes of action. Defendants' request for judicial notice is granted as to all four requests pursuant to Evidence Code section 452 and 453. Defendants' demurer to the first cause of action is Overruled. Plaintiffs have pled an actionable claim for intentional misrepresentation. Additionally, the Court finds the cause of action is not barred by the economic loss rule as the cause for promissory fraud is tortious in nature, greater than a...

Excerpt: ...st various defendants regarding the purchase of their residence in Angels Camp. Defendants T & K Bennett and Tamara Dillashaw, the listing real estate broker and agent, seek summary adjudication as to the third and twelfth causes of action and the prayers for general damages, punitive damages, and attorney's fees. Plaintiffs have filed no opposition; however, the Court must still determine if defendants have met their burden to establish either t...

Excerpt: ... states: “(a) Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following: (1) Twenty‐five percent of the individual's disposable earnings for that week. (2) Fifty percent of the amount by which the individual's disposable earnings for that week exceed 40 times t...